Florida Statutes
Fla. Stat. § 831.31 (2025)
Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver.
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831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver.—
(1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to:
(2) For purposes of this section, “counterfeit controlled substance” means:
(a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or
(b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03.
History.—s. 2, ch. 81-53; s. 4, ch. 89-281; s. 2, ch. 92-19; s. 102, ch. 97-264; s. 104, ch. 99-3; s. 8, ch. 99-186; s. 18, ch. 2000-320; s. 8, ch. 2002-78; s. 27, ch. 2016-105; s. 4, ch. 2019-166.
Arrestable Offenses under F.S. 831.31
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§831.31(1a)DRUGS-POSSESSINT SELL/MFG/DEL CTFT CTRL SUB SCH I/II/III/IV
§831.31(1a)DRUGS-DELIV/DISTRDELIV COUNTERFEIT CTRL SUB SCHED I/II/III/IV
§831.31(1a)CONTROLLED SUBSTANCEREMOVED
§831.31(1a)DRUGS-SELLSELL COUNTERFEIT CTRL SUB SCHEDULE I/II/III/IV
§831.31(1a)DRUGS-PRODUCEMFG COUNTERFEIT CTRL SUB SCHEDULE I/II/III/IV
§831.31(1b)DRUGS-PRODUCEMFG COUNTERFEIT CTRL SUB SCHEDULE V
§831.31(1b)DRUGS-DELIV/DISTRDELIV COUNTERFEIT CTRL SUB SCHEDULE V
§831.31(1b)DRUGS-SELLSELL COUNTERFEIT CTRL SUB SCHEDULE V
§831.31(1b)CONTROLLED SUBSTANCEREMOVED
§831.31(1b)DRUGS-POSSESSINT SELL/MFG/DEL COUNTERFEIT CTRL SUB SCHD V
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1983–2022 · leading case: Greenwade v. State, 124 So. 3d 215 (Fla. 2013).
Greenwade v. State, 124 So. 3d 215 (Fla. 2013). “See § 831.31, Fla. Stat. (2009); § 817.563, Fla.”
State v. Bussey, 463 So. 2d 1141 (Fla. 1985). “" Section 831.31, Florida Statutes (1981), prohibits the sale, manufacture, or delivery of "counterfeit controlled substances.”
Vanhoosen v. State, 469 So. 2d 230 (Fla. 1st DCA 1985). “Appellant appeals the trial judge's order finding him guilty of possession of a counterfeit controlled substance with intent to deliver, in violation of section 831.31, Florida Statutes. Appellant pled nolo contendere to the offense, specifically reserving his right to appeal…”
J.L.F. v. State, 887 So. 2d 432 (Fla. 5th DCA 2004). “After these facts were presented to the jury by the State, the State rested, and J.L.F. made a motion for judgment of acquittal arguing that the evidence was insufficient to prove the crime of possession of a counterfeit controlled substance with intent to sell under section 831.”
Durr v. State, 583 So. 2d 424 (Fla. 1st DCA 1991). “Durr was charged under section 831.31, which makes it unlawful to possess with intent to sell or deliver a "counterfeit controlled substance.”
Damen v. State, 793 So. 2d 106 (Fla. 2d DCA 2001). “In section 831.31, Florida Statutes (1999), which prohibits the possession with intent to sell a counterfeit controlled substance, the legislature defined the term "counterfeit controlled substance" in two ways.”
State v. Hayes, 446 So. 2d 1185 (Fla. 4th DCA 1984). “We believe the trial court erred in ruling that the provisions of section 831.31, Florida Statutes (1981), 1 were *1186 facially unconstitutional and dismissing the charges filed against the appellant for allegedly violating the statute.”
Twinn v. State, 442 So. 2d 286 (Fla. 3d DCA 1983). “Twinn was charged with violating the counterfeit controlled substance provision of the Florida Statutes, § 831.31, Fla. Stat. (1981). Twinn argues, and we agree, that it was inappropriate to charge him under section 831.”
Bedford v. State, 970 So. 2d 935 (Fla. 4th DCA 2008). “Over the objection of the defense, the jury was instructed on a purported lesser included offense of delivery of a counterfeit controlled substance, a violation of section 831.31, Florida Statutes. That charge would have been inappropriate under the facts of this case.”
Adderly v. State, 571 So. 2d 557 (Fla. 1st DCA 1990). “The appellant contends that section 831.31, Florida Statutes (1989), under which he was charged, does not apply to an act of possession *558 of cocaine in an unmarked, clear, plastic bag.”
State v. Eugui, 60 So. 3d 1185 (Fla. 4th DCA 2011). “See § 831.31, Fla. Stat. (2009). The trial court based the dismissal on a motion appellee filed under Florida Rule of Criminal Procedure 3.”
State v. Bussey, 444 So. 2d 63 (Fla. 4th DCA 1984). “See Section 831.31, Florida Statutes (1981), which makes it unlawful for any person to sell any counterfeit controlled substance.”
— 831.31(1) — 4 cases
Greenwade v. State, 124 So. 3d 215 (Fla. 2013). “See § 831.31, Fla. Stat. (2009); § 817.563, Fla.”
J.L.F. v. State, 887 So. 2d 432 (Fla. 5th DCA 2004). “After these facts were presented to the jury by the State, the State rested, and J.L.F. made a motion for judgment of acquittal arguing that the evidence was insufficient to prove the crime of possession of a counterfeit controlled substance with intent to sell under section 831.”
JLF v. State, 887 So. 2d 432 (Fla. 5th DCA 2004).
United States v. Frazier, 89 F.3d 1501 (1996).
— 831.31(1)(a) — 3 cases
Durr v. State, 583 So. 2d 424 (Fla. 1st DCA 1991). “Durr was charged under section 831.31, which makes it unlawful to possess with intent to sell or deliver a "counterfeit controlled substance.”
Johnny Ray Graham v. State of Florida (Fla. 4th DCA 2022).
JLF v. State, 887 So. 2d 432 (Fla. 5th DCA 2004).
— 831.31(2) — 3 cases
J.L.F. v. State, 887 So. 2d 432 (Fla. 5th DCA 2004). “After these facts were presented to the jury by the State, the State rested, and J.L.F. made a motion for judgment of acquittal arguing that the evidence was insufficient to prove the crime of possession of a counterfeit controlled substance with intent to sell under section 831.”
Johnny Ray Graham v. State of Florida (Fla. 4th DCA 2022).
JLF v. State, 887 So. 2d 432 (Fla. 5th DCA 2004).
— 831.31(2)(a) — 1 case
Greenwade v. State, 124 So. 3d 215 (Fla. 2013). “See § 831.31, Fla. Stat. (2009); § 817.563, Fla.”
— 831.31(2)(b) — 2 cases
Vanhoosen v. State, 469 So. 2d 230 (Fla. 1st DCA 1985). “Appellant appeals the trial judge's order finding him guilty of possession of a counterfeit controlled substance with intent to deliver, in violation of section 831.31, Florida Statutes. Appellant pled nolo contendere to the offense, specifically reserving his right to appeal…”
Durr v. State, 583 So. 2d 424 (Fla. 1st DCA 1991). “Durr was charged under section 831.31, which makes it unlawful to possess with intent to sell or deliver a "counterfeit controlled substance.”
— 831.31(a) — 1 case
Johnny Ray Graham v. State of Florida (Fla. 4th DCA 2022).
— 831.31(l)(a) — 1 case
J.L.F. v. State, 887 So. 2d 432 (Fla. 5th DCA 2004). “After these facts were presented to the jury by the State, the State rested, and J.L.F. made a motion for judgment of acquittal arguing that the evidence was insufficient to prove the crime of possession of a counterfeit controlled substance with intent to sell under section 831.”
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